Q: Can a Motion to Suppress be filed due to mistake of law / an unlawful stop?
I was stopped because I did not use my turn signal at a 3 way stop sign, I was on a deserted road, at Midnight. Since no other cars were in site (affected) I know this was an unlawful stop.
When he activated his lights we were on a pitch black, 2 lane road with no shoulder and severe overgrowth with no safe place to pull over. I was going 10 mph UNDER the speed limit ( as seen on dash cam). Also on the dash cam the Chief of Police asks the officer, " Is he trying to get away or just not slowing down? " His response was ,"Just not slowing down". My lighted driveway was 500 feet away, I pulled into it, got out slowly, with my hands up saying, " I mean no harm. I come in peace".
The officer charged me with Aggravated Fleeing to Elude. My question is: Can this charge be suppressed, as the officer was not "acting in a lawful execution of a legal duty" when he initiated this stop, rather, he initiated this stop based on, his 'mistake of law'. ?
A: Please cite the statute that allows you to NOT use your turn signal at a 3 way stop on a deserted road at midnight with no cars in sight. If you can't cite that statute, I'd advise you to not file a motion to suppress. But you do what you think is best for you.
A:
Florida Statute 316.155 "When signal required" provides that
(1) [When turning a vehicle from a direct course or moving right or left, signals shall be used if] ... any other vehicle may be affected by the movement."
..."
A: It would be beneficial to discuss this matter with a legal advisor or attorney who can provide guidance tailored to the specifics of your case and the applicable legal standards. They can help in preparing a defense and in arguing that the charge of Aggravated Fleeing to Elude should be suppressed based on the circumstances surrounding the initial traffic stop.
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